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Justice Sen to fight impeachment; Left rapped by lawyers

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Kanchan Chakraborty

Posted: Feb 25, 2009 at 0203 hrs IST

Kolkata Three days after 58 MPs from Rajya Sabha initiated a move to impeach him, Justice Saumitra Sen of the Calcutta High Court said on Tuesday he would contest the charges of “misconduct” levelled against him.

“If the (House) inquiry committee calls me, I will definitely defend myself,” Justice Sen, whose removal was recommended by none other than Chief Justice of India K G Balakrishnan, told The Indian Express.

Justice Sen said he was yet to receive a copy of the letter the CJI wrote to the Prime Minister on August 4, 2008, saying that proceedings for his removal may be initiated in accordance with the procedure prescribed in the Constitution.

Sources close to Justice Sen said he has not yet been informed officially from any one that such a recommendation had been made by the Chief Justice of India. They said the judge got the news from media reports only.

Sources said Justice Sen came to know of the recent move by 58 Rajya Sabha MPs to start impeachment proceedings against him through the media reports and that he has received no official communication on the matter.

The Judges (Inquiry) Act, 1968, stipulates that a motion for removal of a judge involving allegations of misbehaviour or incapacity may be admitted if notice is given by at least 100 members of the Lok Sabha or 50 members of Rajya Sabha. The matter then can be referred to a committee for investigation.

Meanwhile, the practising lawyers of the Calcutta High Court reacted sharply to the latest move by the 58 MPs, mainly from the Left, for the removal of Justice Sen.

“A political party has no right to intervene in this matter unless they have latent political interests. If any party does it, it will be a conscious inroad upon the impartiality of the judicial administration.” said advocate Amjad Ali, who is a former Congress MP.

Asish Roy, the general secretary of the Bar Association at the Calcutta High Court, said: “The CPM remained silent for the last six months on the issue of Justice Sen. There is political motive behind its move to initiate impeachment motion against Justice Sen. This move is not to clean the judiciary.

Advocate Arunava Ghosh said the MPs belonging to the CPM are not fully aware about the charges Justice Sen faces and the legal course the matter had taken earlier.

Ghosh, an eminent lawyer in the Calcutta High Court, said: “A division bench of Justice Pranab Kumar Chatterjee and Justice Kalidas Mukherjee had given a clean chit to Justice Sen in a verdict in September, 2007. The verdict of the division bench had proved he was innocent in the legal dispute. The verdict has not yet been set aside by the Supreme Court. So, he was not guilty.”

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